A number of businesses and immigrants watched webcast hearing of the House Judiciary Immigration Subcommittee hearing yesterday that is related to the Rep. Zoe Lofgren's trio piecemeal employment-based immigration relief bills. The testinomies of the witnesses demonstrated a strong support of these bills by the high tech community. At the same time, the hearing revealed a continued resistance from the Hispanic supporting legislators who support the relief for the farm workers foreign workers and comprehensive immigration reform legislation, making the fate of these bills uncertain, according to the ComputerWorld report. There was also a resentment expressed by one of the legislators to the elitist mentality underlying these highly skilled foreign worker employment-based immigration bills. One wonders where these two conflicting communities can find a common ground where they can work out a compromise. It thus appears that the situation requires a very high-level of skills of negotiation and compromise for a successful resolution.

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realist

11-03 09:51 AM

Republicans with the help of the tea party is going to (or try to) move the country extreme right...........this election just made things complicated!

If you hear both the republicans and tea party - they talk of sticking to core principles. Their principles have not been very good to the middle class..........

This election has emboldened the republicans and further chickened the democrats - the need for compromise is lost...........

CIR may be dead/alive; piecemeal may be the option - either way, meeting with lawmakers to take up our issues just intensified. Especially if piecemeal is the way to go, we have to be meeting with every senator and congressman seeking and getting the support - because not only will the anti immigrants oppose it, we probably will have to fight of the CHC too. Our community does not have the money or representation in the govt, so our only hope is the aggressive and consistent participation in grassroot efforts and advocate for changes with the lawmakers.

just my .02 cents...

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gc_vbin

05-11 12:41 PM

Any idea if any of IV provisions (like recapture) being included in the bill?

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kumara121

04-29 12:40 PM

Quick Chain of events .

India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.

it will be shortsightedness on the US part if it wants to revenge... According to the reports, India went with the technical evaluation where as US in the name of transparency wanted a political decision. There is also end-user agreement US wanted India to sign, which allows US to come and check the planes whenever and wherever it wanted to... so blaming India in this is not right... US has to look at its own back first..

Is it really against EEOC guidelines to specify US nationals or GC holders for jobs which do not require security clearance? I mean that specification is so common to job advertisements that I always assumed the law allowed that.. certainly news for me if that is not the case! Thanks for posting this, GCwaitforever..

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nonimmi

05-22 03:00 PM

I wonder what our children and grandchildren will learn from all these. When they grow up and know that their parents had to go through this mess while waiting to be accepted legally for xxxx number of years and some people got the "grand reward" of being illegal for many years!! These CIRcus operators will be responsible for the loss of "very little" moral left in this country. GOD BLESS AMERICA.

One suggestion, does senator Kennedy know about employment based immigration issues. Have we (IV) contacted him or his office to make sure he is aware of our issue? He has been and will remain a key figure and influencer in this. Just a suggestion that we keep his office abreast of the issues.

Thanks

Does that means that the existing backlog will be cleared fast?

Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.

On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial? Thanks Rahul

This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".

But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.

Here are a few reasons why I want to get the gc: 1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously 2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position) 3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees 4) freedom to quit a job because the company/boss sucks 5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job) 6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings 7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore

So am I doing what I really want? No

I completely agree with you, especially regarding point #7... It's not about money but more about the personal hopes, commitments, everything we already emotionaly invested by coming to this country... To me, holding that GC in my hand would mean that I haven't gone through all the ordeals I have gone through so far for no reason...

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dc2007

08-23 04:55 PM

I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.

Anyways, I think the moderators should not forget that this is an open forum also. And it has become popular because of people like us. As of now I am using this site as a forum where I get some info/experience from people like me regardng GC. Its an important thing (to get GC) and a painful process. May be thats why this site/forum has got so many serious members, spending time and sharing their so much personal information.

But to me (its just me), GC is important but not a life/death thing and there are lot of other things which are more important to me other than getting GC. Frankly speaking, I will spend time and money in those other things at this time. May be sometime later when I will be more comfotable and have more exp. with persons here, I might participate actively here too. And I believe lot of others might have similar thoughts.

My point here is that:

1. This is an open forum (like immigrationportal etc.) to discuss/share views/exp about GC process. So let it be like that only. If its not, then I will ask moderators to "please close this open forum".

2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.

3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.

I traveled to India and back via Frankfurt (Lufthansa) last month and did not have any issues. I have an AP which was approved 2 weeks before I traveled to India.

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nrk

10-31 04:24 PM

Thanks for the info,

how to contact Ombudsman

Folks, don't beat ur head on this. OP - as long as you followed all laws and everything is perfect with you, don't worry.

Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.

Do not expect any valuble information from USCIS when your date is not current.

They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...

As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"

As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.

I had gone to India for my father's 75th. b'day and planned to get my H-1 renewed. However, when I went to embassy, they said that I have to get clearance and will take one week. I said fine. One week became two weeks, then one month and then two months. I tried to contact embassy and other people, but of no use. My chief here in US, also tried. Meanwhile, my AP had arrive in US (we had filed for I485).( My wife had already got her H-1 approved and she had gone back.) She send me the AP. I contacted two of my lawyers; one said it is fine to come with AP, other said no. I send a letter to embassy asking about my travel with AP. They said, it is legal and not suggested!!!. So after waiting for two month, I took a chance and came here on AP. At the airport, they took more than one and half hours to get be cleared, meanwhile my wife was waiting for me outside, not knowing what was happening. She was in tears when I came out finally. After I came to US, I was informed from India that the US embassy had called and said that my name has been cleared and I should come to get my H1 visa stamped.!!!!!!!!

Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.

Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.

When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.

Thanks buddy.

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himu73

10-01 09:08 PM

as you said mine is same case. My wifes 140 approved from NSC so I guess the application will move back to NSC. NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).

This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(

Anywayz all said and done... I have not received my FP notice as yet...

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a_yaja

07-27 01:20 PM

From their tone, I can tell the were trying hard to be helpful.

But, no receipt for me yet. July 2nd filer here as well.

Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?

Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ? And how are you sure that the second application will be correct and not have any errors that the first one had? :D

mirage

12-05 03:18 PM

How can it be less than 10 years ? Each year has 4 quarters. As long as you made your SS contributions while in LEGAL status, you will get SS payments when time comes.

It doen't matter if your were H, GC, EAD...

SSA has been cracking down on illegals however, so it might be wise to keep documentation of your leagal working status for future.

... and remember it's 40 quarters (which canb be acheived in as little as 8 years and 3-6 months if timed right.

485InDreams

08-21 12:34 PM

Guys...I found this blog in that site...This is one good example that employers watching the threads....so, wht may be the reason... never give the employer details...

Hi,

I was on Hib with EliteCareers and they had sposored by GC. It was very smooth sailing. They had everything down, very professional. Everytthing reltated to following up on time sheets, payroll, leave, etc was handeled very efficiently. When I had some problems with Blue Cross not passing a claim on the medical bill, I was able to get the benefits person in chanrge to talk to Blue Cross and resoolve it immediately.

Jeri-Mc Fadden was the person with whom I mainly interacted. And she was always there to help, guide, and interface with the client. Most important, whatever terms I had discussed and agreed with her at the start, she was true to it all the time. Even when the company said, "oh, this is not company policy, we do not allow this". she stepped in and said, but for him, we had made an exception. Please proceed. That was very helpful.

It was a totally stressless experience... not like other H1b experience I had where even if I had something in writing, I was never sure if the company would follow through.

here, I knew, they would.

For best reults, just make sure you have all agreements in writing... like when they will start your GC, who pays what. etc.

So even if Jeri is no longer there, you have that in place. And the company is professional to follow through.

Best part, my GC came through in 6 months of filing.... I-140 and 485 was a breeze.

Just my experience....make sure, you go throughall situations and agree on who does what before, and then no issues. The company follows through. It is a well managed.